Red and Watery Eyes, Slurred Speech, Dorito Crumbs and Other Red Flags: New Legal Challenges to Drug and Alcohol Testing

2015 Employment Law & Legislative Conference

This session will review trends in drug and alcohol testing, and identify steps you can take to keep you workplace safe.

Red and Watery Eyes, Slurred Speech, Dorito Crumbs and Other Red Flags: New Legal Challenges to Drug and Alcohol Testing

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With the legalization of recreation use of marijuana in two states, the move to decriminalize marijuana in other states, and the wide-spread acceptance of medical marijuana, we are faced with new challenges with regard to drug-testing and enforcing workplace safety policies. Additionally, the misuse of prescription drugs and alcohol continue to account for workplace accidents and injuries as well as attendance and job performance problems. Federal and state discrimination and privacy laws can shield medication information from employers who are already worried about "perceived as disabled" and other claims. This session will survey the current state of the law, review workplace trends with drug and alcohol testing and identify legal pitfalls to avoid and affirmative steps you can still take to keep their workplace safe and functioning properly.

Jim is a management side employment lawyer who represents organizations ranging from multi-national corporations, to closely-held businesses, to not-for-profit entities and public sector employers. He chairs the firm’s labor and employment group which is recognized as one of New England’s best.

Jim presents seminars on a wide range of employment law topics. He is a workplace law resource for several media outlets including CNN, The Washington Post, The Wall Street Journal, Bloomberg, Kiplinger, as well as several local media outlets. Jim is also a regular presenter at SHRM’s Annual Legal and Legislative Conference, as well as SHRM’s national conventions.